Heilman

1 UNITED STATES DISTRICT COURT 2 NORTHERN DISTRICT OF CALIFORNIA 3 4 THOMAS JOHN HEILMAN, Case No. 19-cv-02607-YGR (PR)

5 Petitioner, ORDER GRANTING REQUEST TO

WITHDRAW PETITION; DISMISSING

6 v. PETITION WITHOUT PREJUDICE;

AND TERMINATING PENDING

7 C. KOENIG, Warden, MOTIONS AS MOOT

Respondent. 8

9 On May 2, 2019, Petitioner, a state prisoner proceeding pro se, filed a petition for writ of 10 habeas corpus pursuant to 28 U.S.C. § 2254. Dkt. 1. On June 18, 2019, the Court issued an order 11 to show cause directing Respondent to file an answer. Dkt. 6. On September 18, 2019, 12 Respondent moved to dismiss the petition for failure to exhaust state judicial remedies before 13 filing suit. Dkt. 12. Rather than file an opposition, on September 27, 2019, Petitioner filed a 14 motion requesting to withdraw the petition without prejudice so that he may “provide 15 documentation to the Calif. Supreme Court in ruling on the merits of his claims before proceeding 16 in this Court . . . .” Dkt. 13 at 1. It appears that Petitioner is conceding that he…